Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS AND OTHER MATTERS) ACT 2017 (NO. 45 OF 2017) - SECT 37

    (1)     For section 104C(1) of the Corrections Act 1986 substitute —

    "(1)     For the good order or security of a police gaol or detained persons—

        (a)     the officer in charge of the police gaol may, at any time—

              (i)     exercise any of the powers under subsection (1A) or (1B); or

              (ii)     order a police custody officer supervisor to exercise any of the powers under subsection (1A) or (1B); or

              (iii)     order a police officer or a police custody officer to exercise any of the powers under subsection (1A) or (1B); or

        (b)     a police custody officer supervisor may, at any time—

              (i)     exercise any of the powers under subsection (1A); or

              (ii)     order a police custody officer to exercise any of the powers under subsection (1A).

    (1A)     In conducting a search under subsection (1), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—

        (a)     search any part of the police gaol; or

        (b)     search and examine any charged person, a visitor to the police gaol, a police custody officer or any other person in the police gaol (other than a police officer); or

        (c)     search and examine any thing in the police gaol or held by Victoria Police on behalf of a detained person; or

        (d)     as well as the formal search required by section 104B, require a person wishing to enter a police gaol to submit to a search and examination of the person and of any thing in the person's possession or under the person's control; or

        (e)     conduct any search under paragraph (a), (b), (c) or (d) at random.

    (1B)     In conducting a search under subsection (1)(a), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—

        (a)     search and examine a police officer; or

        (b)     conduct a search under paragraph (a) at random.".

    (2)     In section 104C(2) of the Corrections Act 1986 , for "Subsections (1)(b) and (1)(d)" substitute "Subsection (1A)(b) and (c)".

    (3)     In section 104C(3) of the Corrections Act 1986 , for "or police custody officer" substitute ", a police custody officer supervisor or a police custody officer".

    (4)     After section 104C(3) of the Corrections Act 1986 insert —

    "(3A)     A police custody officer supervisor may search or examine or order a police custody officer to search or examine a detained person (other than a charged person) if the police custody officer supervisor believes on reasonable grounds that the search or examination is necessary—

        (a)     for the security or good order of the police gaol; or

        (b)     for the safety of persons at the police gaol (whether in custody or not); or

        (c)     to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or

        (d)     to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol.".

    (5)     In section 104C(4) of the Corrections Act 1986 , after "the officer in charge of the police gaol" insert "or a police custody officer supervisor (as the case requires)".

    (6)     In section 104C(6) of the Corrections Act 1986 , after "The officer in charge of a police gaol" insert "or a police custody officer supervisor (as the case requires)".

    (7)         After section 104C(6) of the Corrections Act 1986 insert —

    "(7)     The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1)(b) or (3A) and decide the matter.".